County board candidate appeals after Judge rules in favor of fellow Republican

Judge rules in favor of fellow Republican

Sanford Schmidt, sschmidt@civitasmedia.com

Published
10:37 pm CDT, Tuesday, September 13, 2016

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County board candidate appeals after Judge rules in favor of fellow Republican

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EDWARDSVILLE — An independent candidate for Madison County Board filed an appeal Tuesday following a Republican judge’s decision in favor of a fellow Republican candidate, who’s on the same ballot.

“I think partisan politics played a part,” said Tyler Oberkfell of Troy, referring to a decision by Circuit Judge John B. Barberis Jr.

The appeal is asking the Fifth District Appellate Court to review the judge’s unusual decision to deny Oberkfell’s motion for a change of judge as a matter of right. Such motions are usually approved with little debate.

Under the law, a party has the right to ask for one change of judge if he makes the request before any substantial litigation is done in the case. Oberkfell’s attorney claims the judge does not have discretion in the matter of a change of judge as a matter of right.

Oberkfell also told a reporter he was not notified of a hearing before the judge. “They told the other parties, but not me,” he said in an interview Tuesday.

Oberkfell said in an interview Tuesday that, not only is Barberis a member of the same party as his Republican opponent, Donald A. Moore, but the judge is also a Republican candidate, on the same ballot, for Fifth District Appellate Court.

The appeal is also asking the appellate justices to review Barberis’ ruling that reversed the decision of the Electoral Board. The appeal also claims the judge erred by failing to stay his decision, pending the outcome of the appeal.

Moore filed a petition in July with the Electoral Board to remove Oberkfell from the ballot for lack of valid signatures.

Oberkfell needed a minimum of 232 valid signatures to be placed on the ballot. The matter went before the Electoral Board, which, by law, includes Circuit Clerk Debbie Mendoza, State’s Attorney Tom Gibbons and Circuit Clerk Mark Von Nida. All three members are Democrats.

Oberkfell wants to be placed on the November ballot to oppose Moore, who won the Republican primary in March. He was unopposed in the general election from District 2, the Troy area, until Oberkfell gathered signatures as a first step to be placed on the ballot.

Oberkfell appeared to have 273 signatures, compared with the required 232, but Moore, through his attorney, James Craney, objected to 39 signatures. Oberkfell represented himself before the Electoral Board. The board, after a hearing July 12, struck 39 signatures, as requested by Moore. Signatures can be struck for such reasons as the signer is not a resident of District 2 or that the listed address is incorrect.

The board’s decision gave Oberkfell 234 valid signatures, as of the conclusion of its July hearing. Moore then filed a court case, which went before Barberis, whose normal docket includes such issues.

Moore, by his attorney, argued that the board allowed four allegedly invalid signatures. The board’s rationale was that Moore did not object to those four in its initial pleadings before the Electoral Board. Both attorneys cited case law in support of their positions.

Craney argued that the board ignored the fact that the additional four, in addition to the 39 names stricken, were not valid. He said the board conducted a detailed review of the signatures and was aware of the four invalid signatures, but allowed them because Moore did not object to them in his original petition.

After the Electoral Board hearing, Oberkfell retained attorney William Schooley, who asked for the change, which was denied. The judge also agreed with Craney’s argument and ordered that Oberkfell’s name not be allowed on the ballot.

Schooley, in his filing Tuesday, asked the Appellate Court to expedite the appeal because the deadline for being placed on the ballot is Sept. 29.

Oberkfell said in a written statement that many people in Troy have told him they are angry that he is, as of now, off the ballot. “I believe the people should choose who will work for them, not a judge,” he said.

“I do not know when the case will be heard by the appellate court If, after the appeal, I am still kicked off the ballot, I will run as a write-in,” he said. Neither the judge or Craney returned a call seeking comment. Moore could not be reached.